Oceguerra-Aguirre

United States v. Oceguerra-Aguirre

Good Law
70 F. App'x 473
United States Court of Appeals for the Ninth CircuitJuly 25, 2003No. 02-50321; D.C. No. CR-01-02388-BTMCalifornia2,874 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Antonio Oeeguerra-Aguirre (“Oceguerra”) appeals his conviction for importing marijuana in violation of 18 U.S.C. §§ 952 and 960 and possessing marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) on the grounds that: (1) the district court improperly denied Oceguerra’s suppression motion because there was not enough evidence to demonstrate reasonable suspicion; (2) the district court improperly admitted Treasury Enforcement Communication System (“TECS”) evidence; (3) the government violated Fed.R.Crim.P. 16 by failing to disclose that its expert *475 would unseal marijuana samples at trial; (4) the prosecutor committed misconduct during closing arguments; and (5) the statutes of conviction, 21 U.S.C. §§ 841 and 960, are facially unconstitutional. The parties are familiar with the facts such that we need not repeat them. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

I. Motion to Suppress

We review the district court’s decision denying a motion to suppress de novo. United States v. Percy, 250 F.3d 720, 725 (9th Cir.), cert denied, 534 U.S. 1009 , 122 S.Ct. 493 , 151 L.Ed.2d 405 (2001). The specific question of whether…

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